Crimes and DACA Renewals – Practice Advisory

The Trump Administration has announced the “phase-out” of DACA, and tens of thousands of DACA recipients must decide whether to apply for a last renewal. Other DACA recipients are wondering what may happen to them if they can’t or don’t renew. This is an especially worrisome situation for DACA recipients who have a criminal record. Acknowledging that we don’t yet have clear answers, this advisory will provide information to help advocates address the following questions with their clients: Is it “safe” for someone with a criminal history to renew their DACA application? What kinds of legal self-defense steps can people take, whether or not they apply to renew? What are the “dangerous crimes” that are bars to DACA and/or listed in the Notice to Appear Memorandum (NTA Memo)?